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1. [2021] NZEmpC 169 Smiths City (Southern) Ltd (in receivership) v Claxton [pdf, 518 KB]

   ...including: (a) That it precludes an employee from using the employer’s time to conduct activities in competition with the employer. 4 Big Save Furniture Ltd v Bridge [1994] 2 ERNZ 507 at [517] referring to the earlier comments by the Court of Appeal in Tisco v Communication and Energy Workers’ Union [1993] 2 ERNZ 779 at 782. See also Schilling v Kidd Garrett Ltd [1997] 1 NZLR 243 (CA). (b) It imposes an obligation to act at all times in the interests of the employer...

2. OIA-109070.pdf [pdf, 903 KB]

   ...Methamphetamine pipe, Hammer Discovery of weapon | Discovery of drug paraphernalia 3697 Whanganui High/District Court 26/06/2023 Large Pocket Knife Discovery of weapon 3698 Taupo District Court 26/06/2023 Knuckledusters Discovery of weapon 3704 Wellington Court of Appeal 27/06/2023 Knuckledusters Discovery of weapon 3705 Rotorua High/District Court 27/06/2023 Cannabis Cone piece Discovery of drug paraphernalia 3709 Tauranga High/District Court 27/06/2023 Medium Pocket Knife Discovery of weapon...

3. 2021-05-18 Trustpower - ORC PC7 - opening submissions [pdf, 728 KB]

   ...council:… must state in its regional plan(s) whether (and if so, when and which) existing water permits will be reviewed to comply with environmental flows and levels…”. Common bundle at CB684. 101 The High Court’s decision was confirmed on appeal in Palmerston North City Council v New Zealand Windfarms Ltd [2014] NZCA 601 (at paragraph 69; the indented quotation is from paragraph 67). In addition, the value of the investment of a consent holder (s104(2A)) is a relevant consideratio...

4. 01-Appendix-One-Rule-Assessment.pdf [pdf, 328 KB]

   ...‘threatened’ habitats are subject to Rules 13.8 and 13.9. watercourses not within ‘rare’, ‘threatened’ or ‘at-risk’ habitats but cannot comply with Rule 17- 10. 2 Proposed Natural Resources Plan for the Wellington Region All appeals on the PNRP have now been settled by consent order, with all parts of the Plan (with the exception of the Regional Coastal Plan provisions that must be approved by the Minister of Conservation) adopted by the Wellington Regional Council on...

5. List of parties 2016.10.19 [pdf, 541 KB]

   EC4010_ListOfParties LIST OF PARTIES TOPIC: Master Topic: Auckland Unitary Plan Appeals Lodgement: ENV-2016-AKL-000184 Smith & Caughey Limited v Auckland Council Initiator Smith & Caughey Limited Rowan Ashton, PO Box 1296, Shortland Street, Auckland 1140 Initiator Smith & Caughey Limited Stuart Ryan, PO Box 1296, Shortland St, Auckland 1140 Respondent Auckland Council Bill Loutit, Simpson Grierson - Auckland, Private Bag 92518, Wellesley Street, DX CX10...

6. [2018] NZEnvC 101 Kumeu Properties Limited v Auckland Council [pdf, 11 MB]

   [BEFORE THE ENVIRONMENT COURT I MUA I TE KOOTI TAIAO 0 AOTEAROA IN THE MATTER AND BETWEEN AND Decision No. [2018] NZEnvC \ fQ \ of the Resource Management Act 1991 of an appeal pursuant to s 120 of the Act KUMEU PROPERTY LIMITED (ENV-2017 -AKL-044) Appellant AUCKLAND COUNCIL Respondent Court: Environment Judge JA Smith, sitting alone pursuant to s 279, in chambers at Auckland Submissions: RE Bartlett QC for Kumeu Property Limited D Hartley and M Matich for Aucklan...

7. Management Committee of Mangatawa Papamoa Blocks Incorporation - Lot 1 DPS 65413 and Part Mangatawa Papamoa SO 452445 (2018) 156 Waikato Maniapoto MB 77 (156 WMN 77) [pdf, 732 KB]

   ...Post and the Whakatane Beacon on 2 September 2017. The advertisements also included the proposed resolutions. 14 Smith v Courtney – Ohuirua No 2 Block [2011] Māori Appellate Court MB 284 (2011 APPEAL 284). 15 Brief of evidence of Kevin Haua dated 3 November 2017 at Exhibit “F”. 16 Ibid at Exhibit “G”. 17 Ibid at Exhibit “H”. 156 Waikato Maniapoto MB 97 [75] A resolution was put to the owners at the AGM which reads...

8. Fish & Game - EiC - J W Hayes - Ecological Flow (5 Feb 2021) [pdf, 1.6 MB]

   ...2101895 | 5755861v1 page 18 Figure 2. Variation in instream habitat (Area Weighted Suitability) for fish and benthic invertebrates with flow at SH8 (lower) reach in the Lindis River (copied from Dr Jowett’s evidence presented to the 2018 Appeal Hearing on Plan Change 5A to the Regional Plan Water for Otago (ENV-2016-CHC-61). 71 The area of suitable benthic food-producing habitat is critical in determining the carrying capacity for fish. If flows are insufficient to maintain...

9. AB v CD LCRO 228/2014 (27 October 2016) [pdf, 343 KB]

   ...particular caution before substituting his own judgment for that of the Standards Committee, without good reason.2 [21] The High Court has described a review by this Office in the following way:3 A review by the LCRO is neither a judicial review nor an appeal. Those seeking a review of a Committee determination are entitled to a review based on the LCRO’s own opinion rather than on deference to the view of the Committee. A review by the LCRO is informal, inquisitorial and robust....

10. [2023] NZEnvC 271 One Tasman Development Limited Partnership [pdf, 412 KB]

    ...complete and the Independent Hearing Panel is required to release its recommendations to enable the Council to make its decisions on the IPI by 20 March 2024, at which point the ODP provisions will fall away and no longer be relevant. There are no appeals rights against the Council’s decisions on the IPI provisions; 1 JWS Planning, Table 2 at [28]. 7 4. there were no submissions on the CCZ provisions in relation to the site’s building height threshold (28.5m) other than the...